The Wichita Daily Eagle

WAS ORDERED TO
DISMISS APPEAL

County Commissioners Decide
to Stop Index Book Case.

IN THE SUPREME COURT
County Attorney Instructed to
Dismiss Suit.

The county commissioners have decided
that they have had enough of the index
books that the county purchased two
years ago and yesterday a resolution was
passed instructing the county attorney to
dismiss the appeal now pending in the
supreme court as far as the county was
concerned.

It will be remembered that the commis-
sioners made a contract with J. M. Kerr,
then register of deeds, to bring the index
books to the county instruments filed up
to date. Eighteen of the books were com-
pleted when an injunction was granted
on the grounds that the contract with
Mr. Kerr was illegal.

Mr. Kerr and the commissioners appeal-
ed the case to the supreme court and it
was docketed for hearing on March 3rd.
Soon after the change of officers at the
court house on January 12th the index
books which were completed turned up
missing. The Eagle contained several ac-
counts of the incident at that time. Mr.
Kerr announced that he had them in his
possession and would keep them until the
supreme court decided the case.

If the supreme court affirmed the de-
cision of the district court here the books
belong to Mr. Kerr, while if the decision
was reversed they belonged to the county.
Yesterday at the meeting of the com-
missioners it was decided to accept the
decision of the district court as final and
they would no longer fight the case as it
was expensive and although the commis-
sioners were a party to the suit because
of their making the contract the board
were unwilling to appeal, according to
Commissioner Redfield

At the meeting yesterday the commis-
sioners decided to stop the matter right
here and the following resolution was in-
troduced by Mr. Busenbark and passed:

Resolved. That the county attorney be
and is hereby instructed to dismiss the
appeal of the cause now pending in the
supreme court of Kansas in which J M.
Kerr and the Board of County Commis-
sioners are plaintiffs in error and the
state of Kansas is defendant in error in
so far as the board of county commis-
sioners is concerned.